Tokyo High Court Upholds Same-Sex Marriage Ban, Sparking Legal Debate

The Tokyo High Court delivered a significant ruling on March 15, 2024, affirming the country’s ban on same-sex marriage. In a decision that has drawn attention from advocacy groups and legal experts, the court concluded that Japan’s legal framework, which restricts marriage to opposite-sex couples, does not breach the Constitution of Japan. This ruling dismissed claims of constitutional violations concerning equality and individual dignity put forth by the plaintiffs.

While the court’s ruling stands in stark contrast to previous judgments from other Japanese high courts, it reinforces the complexity of the legal landscape surrounding marriage equality in the country. Earlier rulings from courts in Sapporo, Nagoya, Osaka, and Fukuoka found parts of the existing marriage framework unconstitutional. These decisions cited Article 14(1) of the Constitution, which prohibits discrimination based on sexual orientation, and argued that Article 24’s emphasis on individual dignity and equality should extend to same-sex couples.

Judge Yumi Toa, presiding over the case, asserted that the legislature holds significant power in defining marriage laws. The court emphasized that discussions around same-sex marriage should be conducted within the legislative framework rather than through judicial mandates. The ruling stated that the distinctions set by the current civil code do not constitute unconstitutional discrimination, effectively maintaining the status quo regarding marriage rights in Japan.

Despite this setback at the Tokyo High Court, many local governments across Japan have established partnership recognition systems for same-sex couples. These arrangements, however, do not confer the full range of legal rights associated with marriage, such as parental recognition, inheritance rights, and spousal tax benefits.

The ruling creates a notable divergence in legal interpretations concerning marriage equality in Japan. Advocacy group LGBT & Allies Network (LLAN) highlighted the significance of this decision, particularly in light of the Tokyo High Court’s earlier 2024 ruling that deemed the same-sex marriage ban unconstitutional. As a result, legal experts anticipate that the matter will escalate to the Supreme Court of Japan, which may ultimately provide a definitive interpretation of constitutional protections related to marriage.

A unified ruling by the Supreme Court could clarify whether the Constitution allows for or mandates marriage equality, addressing the relationship between Articles 14 and 24 in the context of evolving family structures. As the debate continues, the implications of the Tokyo High Court’s ruling will resonate throughout Japan and beyond, impacting discussions on human rights and equality within the region.